NEWSReport No. GN 97-11 GENERAL ACTION August 25, 1997
FCC AMENDS RF EMISSIONS RULES AND ADOPTS NOTICE OF PROPOSED
RULEMAKING SEEKING COMMENT ON PREEMPTION OF STATE AND LOCAL
RF REGULATIONS
(ET Docket 93-62, WT Docket 97-192)
The Commission today adopted its Second Memorandum Opinion and Order in this
proceeding, amending its rules to clarify its decisions regarding the use of new guidelines
and methods for evaluating the environmental effects of radio frequency (RF) electromagnetic
fields or emissions. The Second Memorandum Opinion and Order responds to petitions for
reconsideration or clarification filed in this proceeding in response to the Commission's 1996
Report and Order. In the Second Memorandum Opinion and Order, the Commission:
Affirmed the RF exposure limits previously adopted in its 1996
Report and Order.
Modified certain aspects of its policy that categorically excluded
certain transmitters, including some Specialized Mobile Radio
transmitters, from routine environmental evaluation.
Revised certain aspects and clarified its guidelines regarding RF
emissions involving evaluation of multiple-transmitter sites.
Amended the rules to raise the responsibility threshold, above
which licensees at multiple transmitter locations must share
responsibility for addressing RF exposure non-compliance
problems, from 1% to 5%.
Extended the initial transition period for implementation of the new
guidelines for fixed stations and transmitters to October 15, 1997,
(the transition period for the Amateur Radio Service will remain
January 1, 1998).
Established a date certain when existing transmitting facilities and
devices are expected to be in compliance with the new RF
guidelines of September 1, 2000.
(over)
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A number of minor changes and clarifications were also adopted. In addition, the
revised version of OET Bulletin 65, dealing with compliance with the RF guidelines and
policies, has been released. An electronic version of OET Bulletin 65 is available on the
Commission's World Wide Web site (www.fcc.gov). A limited number of paper copies are
available and additional paper copies will be made available shortly.
In a Notice of Proposed Rulemaking (Notice), released with the Second Memorandum
Opinion and Order, the Commission initiated a new proceeding to consider procedures for
reviewing requests for relief, filed pursuant to Section 332(c)(7)(B)(iv)-(v) of the
Communications Act, from state and local regulations pertaining to the placement,
construction, or modification of personal wireless service facilities that are based on concerns
about the environmental effects of RF emissions. The Commission cited the increase in local
siting disputes and local governments' desires to be able to confirm whether individual
personal wireless service facilities comply with the Commission's RF emissions guidelines.
Among the issues in the Notice of Proposed Rulemaking:
The Commission sought comment on whether to establish
guidelines regarding the types of information that a state or local
government can request concerning the possible effects of RF
emissions.
Until a final rule is adopted, the Commission provided a policy
statement on the types of RF information that localities may request
from a service provider to demonstrate RF compliance without
being preempted by the Commission. The Commission advises that
the state and local governments may request a uniform showing
that demonstrates compliance with the RF guidelines. The
Commission provided a list of the criteria for such a uniform
showing.
The Commission sought comment on procedural methods that
would be employed in responding to a request for relief filed
pursuant to Section 332(c)(7)(B)(v) of the Act. More specifically,
the Commission sought comment on whether to adopt a
presumption that licensed personal wireless service facilities, as
well as unlicensed personal wireless service facilities that employ
type-accepted equipment, comply with the Commission's RF
emissions guidelines.
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The Commission views this Notice as another important step in its ongoing efforts to
assist in the resolution of state and local disputes concerning the siting of personal wireless
service facilities.
Action by the Commission, August 25, 1997, by Second Memorandum Opinion and
Order and Notice of Proposed Rulemaking (FCC 97-303). Chairman Hundt, Commissioners
Quello, Ness and Chong.
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News Media Contact: Audrey Spivack at (202) 418-0654
Office of Engineering Technology Contact: Robert Cleveland (202) 418-2464
Wireless Telecommunications Bureau Contact: Shaun A. Maher at (202) 418-7240